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COOPERATIVE AGREEMENT NO. C- 5.3583 <br />1 "Public Way Use Agreement" means the agreement established between the Parties <br />2 establishing the AUTHORITY's right to use the CITY's public way for the OC Streetcar. <br />3 "Ready to Bid" is a design package level of completeness indicating the design is complete, <br />4 the CITY's comments have been addressed, all drawings and specifications have been affixed with a <br />5 seal as required, and the title sheet has been signed by both the AUTHORITY and the CITY. <br />6 "Revenue Service" means the streetcar Is operational and providing service to the public as <br />7 intended. <br />8 "Site Plan Review" is the process by which the CITY reviews project development submittals <br />9 and identify the requirements and conditions of approval for a development project. <br />10 "Work Plan" is the CITY's staffing budget for the responsibilities identified in this Agreement <br />11 and as provided for in Exhibit C, Table C -1. <br />12 ARTICLE 2. COMPLETE AGREEMENT <br />13 A. This Agreement, including any attachments incorporated herein and made applicable <br />14 by reference, constitutes the entire term(s) and condition(s) for the subject matter addressed in this <br />15 Agreement between the AUTHORITY and the CITY. This Agreement does not replace or supersede <br />16 the MOU for this Project entered into prior to this Agreement; however, any terms or conditions in <br />17 conflict shall be controlled by this Agreement. The invalidity in whole or in part of any term or condition <br />18 of this Agreement shall not affect the validity of other term(s) or condition(s) of this Agreement. The <br />19 above referenced Recitals are true and correct and are incorporated by reference herein. <br />20 B. The AUTHORITY's failure to insist on any instance(s) of the CITY's performance of any <br />21 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the <br />22 AUTHORITY's right to such performance or to future performance of such term(s) or condltion(s), and <br />23 the CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion <br />24 of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in <br />25 <br />26 <br />C:\ Users \jfurik\AppData \Local\Mlcrosoft\ Windows \INetCache\ Content .Outlook \BK3MP,VgH\AG53583 - 20100210 OCTA SA Design <br />Agreement- Post Flnal Amendment A= <br />Page 5 of 13 <br />25F -9 <br />